International human rights law in juxtaposition with power to arrest and pre-change detention: Critiquing police excesses in Pakistan

Abstract

Arrest may be the most important and crucial stage of a criminal justice system. It’s not the liberty and life style of just one individual that are interrupted without any warning rather whole families suffer not just monetary but also physical exploitation at the hands of police around the globe including Pakistan. The power to arrest and subsequent pre-charge detention powers vested with law enforcement authorities especially police have to be used with extra-ordinary care and reserved only for the most heinous offences, not to be used in every criminal case, as it directly affects one’s guaranteed Universal Human Rights especially civil liberties. As quoted by Justice Fazal Karim ‘Power to arrest and detain under the criminal procedure code is a discretionary power: by its very nature, it is an awesome power; it is horrendous capacity to do harm to human dignity and fair name and reputation of a person is heightened when it is accompanied by power to handcuff’. This paper aims to critique police excesses during arrest and pre-charge detention period, which adversely affect the criminal justice system of Pakistan. This study emphasizes the importance of those inalienable human rights which are directly related with use of arrest and detention powers, why these powers needs to be restrained and used when all other options have been exhausted, Discussing practical issues/abuses this power has brought ranging from extracting minor unauthorized benefits, sexual assaults, torture and even custodial deaths in Pakistan. Relevant laws that exist in Pakistan in contrast with international legal instruments and their requirements, further legislative and administrative reforms that are required. Pakistan is the main case study, while International laws and UK’s law act as comparator. Pakistan’s law and practices are critiqued to arrive at research findings and put forward some useful recommendation so to move forward.